General Terms & Conditions Residential Service CAYMAN ISLANDS

  1. DEFINITIONS
    1. In this Agreement:

      “access charge” means the monthly charge for connection to Our network.

      “account” means the account in which We record Your charges or credits.

      “Agreement” means these general terms and conditions, Schedule 1 hereto, the service specific terms and conditions in Schedules 2 to 8 which apply to the individual components of the Service and any other terms and conditions issued by Us from time to time in respect of services not specifically mentioned herein, the Service Application Form You completed requesting the particular Service, any documents referred to in this Agreement and any additional or varied terms and conditions as We may notify You from time to time.

      “cancellation charge” means the charge which is applied to Your account for cancelling this Agreement before the end of the Minimum Period or the Renewal Period in effect and is calculated by adding up the unexpired monthly service charges from the time You terminate the Agreement until the end of the Minimum Period or the Renewal Period in effect.

      “charges” includes service charges, usage charges, access charges, installation charges, special installation charges, roaming charges, maintenance charges and any other charges relating to this Agreement or to the Service (including reasonable administrative charges), as set out in our Tariff Sheet or as notified to You.

      “Country” means the territory of Cayman Islands.

      “credit limit” means the value of unbilled and unpaid charges that You are normally allowed to accumulate each month.

      “equipment” means any line, or other telecommunications apparatus, or any physical component of Our network and other equipment supplied by Us to You, for the provision of any Service and includes the Terminating Device and UPS.

      “installation charges” means the charges payable by You for installation and connection of the Service.

      “maintenance charges” means generally one-off charges that are the result of special services that You have requested; they also include charges, as set out in our Tariff Sheet where We have attended to a fault on Your request which was subsequently proved to be within Your own apparatus, and include paying Our charges in cases where Your apparatus has damaged Our network or equipment.

      “Minimum Period” means the minimum period of service, if any, specified on the Service Application Form; or, if no minimum period is so specified, one (1) month from the date of provision of the Service.

      “network” means Our telecommunications network by which We provide the Service under this Agreement and includes the Terminating Device and any of Our equipment.

      “NID” means the network interface device installed by Us at the service address showing the termination of Our network to which Your internal wiring is connected that is to say the network demarcation point.

      “normal working hours” are 7:30 a.m. to 4:30 p.m. Monday to Friday, excluding public holidays.

      “ONT” means a device called an optical network terminal that converts an optical signal into an electrical signal. The ONT is installed at the service address showing the termination of Our network to which Your inside wiring is connected that is to say the network demarcation point.

      “roaming charges” means the charges incurred when a mobile phone is used outside of the Country.

      “Service(s)” means the telecommunications services including but not limited to, where applicable, Mobile, Broadband Internet, Blackberry Internet and/or Data Roaming, Mobile Data and television services, and any add-ons and/or upgrades thereto which We may offer from time to time.

      “service address” means the address (or subsequent address to which You move) at which the Service is provided.

      “Service Application Form” means the application form You completed for the Service and which forms part of this Agreement.

      “service charges” means Our monthly charges for the provision of the Service to You, generally payable monthly in advance; and excludes usage charges.

      “special installation charges” means the charges payable by You if We provide special installation services, and We shall agree with You Our charges for such services.

      “Tariff Sheet” means Our most current published price lists for Services, copies of which are available from our customer service department.

      “Terminating Device” means either a NID or an ONT.

      “UPS” means a device which maintains a continuous supply of electric power to connected equipment (e.g. an ONT) by supplying power from a separate source in the event of a power outage.

      “usage charges” means Our charges for telephone calls including international telephone calls, domestic mobile charges and any other charges not covered by the service charges or the installation charges.

      “We”, “Us” and “Our” means Cable and Wireless (Cayman Islands) Limited trading as FLOW.

      “You and “Your” means the customer named on the Service Application Form.

    2. For the purposes hereof, We and You may be individually referred to as the “Party” or collectively as the “Parties”.
    3. Any undertaking in this Agreement by either Party not to do any act or thing is understood to include an undertaking not to permit anyone else to do that act or thing.
    4. References to a schedule or schedules are to the relevant schedule or schedules to this Agreement including such schedules as are modified from time to time by agreement between the Parties in writing in accordance with the terms of this Agreement.
    5. If a conflict exists among provisions within the Agreement, specific terms will control over general provisions and negotiated, added or attached terms, conditions or pricing will control over standardized, posted or non-negotiated terms, conditions and pricing, to the extent permitted by law.
  2. OUR AGREEMENT
    1. All applications for Service are subject to credit assessment before We can approve Your request for Service and connect You to the network. If We are not satisfied, in Our sole judgement, of Your creditworthiness We reserve the right to decline to connect You to the network or to provide You with the Service. We do not accept any liability for the consequences of Our declining to connect You to the network or declining to provide the Service to You.
    2. This Agreement between You and Us applies from the time that We approve Your request for Service.
    3. You must also pay a deposit if We ask for one (see Clause 8.8 below).
    4. We will open an account in Your name and We will apply charges incurred by You to Your account. We will also credit any money, which We owe to You to Your account or provide You with a cash refund when appropriate.
    5. We may set a monthly credit limit at Our discretion for usage charges, and will advise You of that limit. We may bar You from using the Service if You go over the credit limit.
    6. We may from time to time change these terms and conditions or the charges related to the Service. Where possible in the circumstances, we shall give You reasonable advance notice, of not less than thirty (30) days, of any changes which significantly or adversely affect the Service or Your agreement with Us, or which increase Your charges. We will also post the most current version of these terms and conditions at www.discoverflow.co or other appropriate location. The terms and conditions are also available in Our retail stores. Please check these locations regularly to inform Yourself about changes to the terms and conditions. If You do not agree to any changes made to the terms and conditions which adversely affect the Service or Your agreement with Us or which increase Your charges, You may terminate the Agreement, as regards the affected Service only, by giving Us notice in writing within thirty (30) days of the date of Our notice. If however We do not receive a notice of termination and You continue to use the Service or You pay any amount billed to Your account after the effective date of the change to the terms and conditions or the charges You are deemed to have accepted the changes to the Agreement, including the increased charges. Where You terminate Service as provided for in this Clause 2.6 You shall not be liable to pay Us any early termination fees or similar cancellation fees.
    7. You may add to or reduce Services from time to time by contacting Our customer services department. Any upgrade or downgrade in service level or any other change in Services must be effective for a minimum period of one (1) month (or such longer period as we may notify You in writing) before a further change in the same Service may be implemented. The charges applicable to Your changed Services will be as set out in our current Tariff Sheet or as otherwise communicated to You at the time We agree to the change.
    8. This Agreement applies to any further or additional services provided to You unless it is specifically excluded or unless the provision of that service is governed by a separate agreement.
  3. MINIMUM PERIOD
    1. This Agreement commences on the date of provision of Service and continues in force for the Minimum Period.
    2. After the expiration of the Minimum Period this Agreement shall automatically renew for successive terms equal to the Minimum Period (“Renewal Period”) unless You give Us written notice no later than thirty (30) days prior to the end of the Minimum Period or a Renewal Period then in effect that You wish to terminate the Service.
    3. If You want to terminate this Agreement prior to the end of the Minimum Period then in effect You must pay Us the appropriate cancellation charge. No cancellation charge is payable if You end this Agreement because any licence which We require to run the network is ended.
    4. We may from time to time have certain promotions or offer bundled services (i.e., more than one Service for one discounted total price) which require customers to have Service for a specified length of time. If You agree to participate in such promotions or sign up for such bundled services, You will not be able to terminate the Agreement on notice until the expiration of that period or You agree to pay the appropriate cancellation charge which may include a repayment of all discounts previously given to You. You agree that You will pay the service charges and usage charges up to the end of the notice period and any roaming or incoming collect call charges within three (3) months after the end of the notice period or until You stop using the Services, whichever is later.
    5. At the end of any Minimum Period during which You enjoyed discounted prices, if the Agreement is not renewed under the same or another minimum service plan, Your Service may be converted to a month-to-month Service plan at a monthly fee that may be higher than Your current rate. If You select a new minimum service plan, the terms of that plan will apply.
    6. We reserve the right to terminate this Agreement during the Minimum Period or any Renewal Period then in effect for the reasons stated in Clause 15.
  4. PROVIDING SERVICES
    1. We will make all reasonable efforts to make sure that the Service is always